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Escola v.

Coca-Cola (1944)  view, however, the doctrine may be applied


  upon the theory that defendant had control at
Gibson, ​C.J. the time of the alleged negligent act,
  although not at the time of the accident,
I. Facts:   provided plaintiff first proves that the
  condition of the instrumentality had not been
● Gladys Escola is a waitress in a restaurant changed after it left the defendant's
whose hand was injured when the Coca possession.
Cola bottle she was holding suddenly ● Upon an examination of the record, the
exploder in her hand. evidence appears sufficient to support a
● The accident occurred while Escola was reasonable inference that the bottle here
transferring the Coke from the case with her involved was not damaged by any
right hand one by one to the refrigerator. extraneous force after delivery to the
Escola was able to transfer three cases until restaurant by defendant. It follows, therefore,
the fourth one exploded in her hand 18 that the bottle was in some manner defective
inches from the case. at the time defendant relinquished control,
● The bottle broke into two jagged pieces and because sound and properly prepared
inflicted a deep five-inch cut, severing blood bottles of carbonated liquids do not ordinarily
vessels. explode when carefully handled.
● Escola's employer testified that he saw this ● An explosion such as took place here might
happened and was only twenty feet away have been caused by an excessive internal
when he heard the explosion. pressure in a sound bottle, by a defect in the
● The driver of Coca Cola likewise testified glass of a bottle containing a safe pressure,
that he had seen other bottles of Coke or by a combination of these two possible
exploded before. However, the driver has no causes.
idea why these bottles exploded. ● Although it is not clear in this case whether
● Escola rested her case relying solely on the the explosion was caused by an excessive
doctrine of res ipsa loquitur. charge or a defect in the glass, there is a
● The jury ruled in favor of the plaintiff hence sufficient showing that neither cause would
the appeal by Coca Cola to the US Supreme ordinarily have been present if due care had
Court. been used. Further, defendant had exclusive
control over both the charging and inspection
II. Issue: ​WoN Plaintiff may use the doctrine of of the bottles. Accordingly, all the
res ipsa loquitur to hold Coca-Cola liable for requirements necessary to entitle plaintiff to
damages. ​YES  rely on the doctrine of res ipsa loquitur to
  supply an inference of negligence are
III. Rationale:   present. 
 
● Many authorities state that the happening of IV. Dispositive: ​The judgment is affirmed.
the accident does not speak for itself where
it took place some time after defendant had
relinquished control of the instrumentality
causing the injury. Under the more logical

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